U.S. Supreme Court
Labor Board v. Burnup & Sims, Inc., 379 U.S. 21 (1964)
National Labor Relations Board v. Burnup & Sims, Inc.
Argued October 15, 1964
Decided November 9, 1964
379 U.S. 21
Respondent employer discharged two employees upon being erroneously advised that they, while soliciting another employee for union membership, had threatened to dynamite company property if the union did not receive collective bargaining authorization. The Court of Appeals, finding that the employer had acted in good faith, reversed the National Labor Relations Board's holding that the discharges were an unfair labor practice under the National Labor Relations Act.
Held: Regardless of motive, the employer violated § 8(a)(1) of the Act, since the discharged employees, who were not guilty of misconduct, were engaged in activity which was protected under § 7, and the wrongful discharge would tend to discourage § 7 activity. Pp. 379 U. S. 22-24.
322 F.2d 57, reversed.